Privacy Policy

Last updated: January 2025

1. Introduction

Welcome to Plantas Del Mar. We are a Mediterranean tree nursery based in Spain, and we are committed to protecting your personal data and respecting your privacy. This Privacy Policy explains how we collect, use, store, and protect your personal information when you visit our website at plantasdelmar.es, contact us, or use any of our services, including tree purchases, plant consultations, and delivery arrangements.

This policy has been prepared in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR), the Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD), and any other applicable data protection legislation.

2. Data Controller Information

The entity responsible for processing your personal data is:

• Business Name: Plantas Del Mar
• Website: plantasdelmar.es
• Email Address: contact@plantasdelmar.es
• Postal Address: Elx 50, Spain

If you have any questions or concerns regarding this Privacy Policy or the handling of your personal data, you may contact us directly at the email or postal address provided above.

3. What Personal Data We Collect

Depending on how you interact with Plantas Del Mar, we may collect the following categories of personal data:

3.1 Identification and Contact Data

• Full name
• Email address
• Telephone number
• Postal address, including delivery address for tree and plant orders

3.2 Order and Transaction Data

• Details of trees, plants, or products purchased or enquired about
• Order history and purchase records
• Delivery preferences and scheduling information related to nursery deliveries
• Billing information and payment records (note: we do not store full payment card details directly)

3.3 Consultation and Communication Data

• Information shared during horticultural consultations, including soil conditions, planting locations, and plant species preferences
• Records of correspondence, including emails, contact form submissions, and telephone enquiries
• Feedback, reviews, or complaints submitted by customers

3.4 Technical and Usage Data

• IP address and browser type
• Pages visited on plantasdelmar.es and time spent on the website
• Referring website or source of visit
• Device type and operating system
• Cookie data, as further described in our Cookie Policy

4. How We Collect Your Personal Data

We collect personal data through the following means:

• Directly from you: When you complete a contact form, place an order, request a plant consultation, subscribe to our newsletter, or communicate with us by email or telephone.
• Automatically: When you browse our website, certain technical data is collected automatically through cookies and similar technologies.
• From third parties: Occasionally, we may receive data from delivery partners, payment processors, or other service providers in connection with fulfilling your orders or processing payments.

5. Legal Basis for Processing Your Personal Data

Under the GDPR, we are required to have a lawful basis for each type of processing activity we carry out. The legal bases we rely on are as follows:

• Performance of a contract (Article 6(1)(b) GDPR): We process your data where it is necessary to fulfil an order you have placed with us, arrange delivery of trees and plants to your specified address, or provide horticultural consultation services you have requested.
• Compliance with a legal obligation (Article 6(1)(c) GDPR): We process data where required to comply with applicable Spanish and European Union law, including tax obligations, accounting requirements, and consumer protection regulations.
• Legitimate interests (Article 6(1)(f) GDPR): We may process your data for our legitimate business interests, such as improving our website and services, managing customer relationships, preventing fraud, and ensuring the security of our systems. We always balance these interests against your rights and freedoms.
• Consent (Article 6(1)(a) GDPR): Where we send you marketing communications, including newsletters about new plant arrivals, seasonal promotions, or nursery events, we do so only with your prior explicit consent. You may withdraw your consent at any time.

6. How We Use Your Personal Data

We use the personal data we collect for the following specific purposes:

• Processing and fulfilling orders for trees, Mediterranean plants, shrubs, and related nursery products
• Coordinating and scheduling deliveries of nursery stock to your address
• Providing personalised horticultural advice and plant consultations
• Responding to customer enquiries, complaints, and support requests
• Sending transactional communications such as order confirmations, delivery updates, and invoices
• Sending marketing communications, newsletters, and promotional offers where you have given your consent
• Maintaining accurate customer and business records
• Improving the functionality and content of our website, plantasdelmar.es
• Analysing website usage to better understand customer preferences and optimise our product offerings
• Complying with legal, regulatory, and tax obligations under Spanish and EU law
• Detecting and preventing fraudulent activity or misuse of our services

7. Sharing Your Personal Data

We treat your personal data with the utmost confidentiality. We do not sell, rent, or trade your personal information to third parties for their own marketing purposes. However, we may share your data with the following categories of recipients where necessary:

• Delivery and logistics providers: We share your name, delivery address, and contact telephone number with courier and transport companies to arrange the physical delivery of trees and plants to your location.
• Payment service providers: We share necessary financial data with secure payment processors to handle transactions. These providers are bound by strict data security standards.
• IT and website service providers: We work with third-party providers who host and maintain our website and email systems. These providers act as data processors and are contractually obligated to protect your data.
• Professional advisers: We may share data with legal advisers, accountants, or auditors where required for legitimate business and compliance purposes.
• Public authorities: We may disclose your data to tax authorities, law enforcement agencies, or regulatory bodies where required by applicable Spanish or EU law.

All third parties with whom we share personal data are required to implement appropriate technical and organisational security measures and to process your data only in accordance with our instructions and applicable data protection law.

8. International Data Transfers

Plantas Del Mar is based in Spain and primarily operates within the European Economic Area (EEA). Where any of our service providers are located outside the EEA, we ensure that appropriate safeguards are in place, such as Standard Contractual Clauses approved by the European Commission, adequacy decisions, or other legally recognised transfer mechanisms, to ensure your personal data receives an equivalent level of protection.

9. Data Retention

We retain your personal data only for as long as is necessary to fulfil the purposes for which it was collected, or as required by applicable law. Specifically:

• Customer order and transaction data is retained for a minimum of five years to comply with Spanish tax and commercial record-keeping obligations.
• Data collected through horticultural consultations and correspondence is retained for the duration of our commercial relationship and for a reasonable period thereafter.
• Website usage and technical data collected via cookies is retained in accordance with our Cookie Policy, generally for a period not exceeding 24 months.
• Marketing consent records are retained until you withdraw your consent or request deletion.

Once data is no longer required, it is securely deleted or anonymised.

10. Your Rights Under GDPR

As a data subject under the GDPR, you have the following rights with respect to your personal data:

• Right of Access (Article 15): You have the right to request a copy of the personal data we hold about you and information about how it is processed.
• Right to Rectification (Article 16): You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
• Right to Erasure (Article 17): You have the right to request that we delete your personal data where it is no longer necessary for the purposes for which it was collected, or where you withdraw consent, subject to applicable legal exceptions.
• Right to Restriction of Processing (Article 18): You have the right to request that we restrict the processing of your personal data in certain circumstances.
• Right to Data Portability (Article 20): Where processing is based on consent or contract, you have the right to receive your personal data in a structured, commonly used, and machine-readable format and to request its transfer to another data controller.
• Right to Object (Article 21): You have the right to object to the processing of your personal data where we rely on legitimate interests as the legal basis, and in particular to object to the use of your data for direct marketing purposes at any time.
• Right to Withdraw Consent: Where we process your data based on consent, you have the right to withdraw that consent at any time without affecting the lawfulness of processing carried out prior to withdrawal.
• Right not to be subject to automated decision-making: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects on you.

To exercise any of your rights, please contact us at contact@plantasdelmar.es or by post to our address at Elx 50, Spain. We will respond to your request within one month of receipt, as required by the GDPR. In complex cases, we may extend this period by a further two months, in which case we will inform you of the extension and the reasons for it.

You also have the right to lodge a complaint with the competent supervisory authority. In Spain, this is the Spanish Data Protection Agency (Agencia Espanola de Proteccion de Datos, AEPD), which can be contacted at aepd.es.

11. Cookies and Tracking Technologies

Our website, plantasdelmar.es, uses cookies and similar tracking technologies to improve your browsing experience, analyse website traffic, and support our marketing activities. Cookies are small text files placed on your device when you visit our website.

We use the following categories of cookies:

• Strictly necessary cookies: These are essential for the website to function correctly and cannot be disabled.
• Analytical cookies: These help us understand how visitors interact with our website, allowing us to improve its structure and content.
• Marketing and preference cookies: These are used to deliver relevant content and track the effectiveness of our communications, and are only activated with your explicit consent.

When you first visit our website, you will be presented with a cookie consent banner. You may accept, reject, or manage your cookie preferences at any time. For full details, please refer to our separate Cookie Policy, available on our website.

12. Security of Your Personal Data

We take the security of your personal data seriously and have implemented appropriate technical and organisational measures to protect it against unauthorised access, loss, destruction, alteration, or disclosure. These measures include the use of secure server environments, encrypted communications where applicable, access controls, and regular security reviews.

While we take all reasonable precautions, no method of data transmission over the internet is entirely secure. We encourage you to take care when sharing personal information online and to contact us immediately at contact@plantasdelmar.es if you have any concerns about the security of your data.

In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours of becoming aware of the breach, as required by the GDPR, and will inform affected individuals without undue delay where required.

13. Marketing Communications

With your prior consent, we may send you marketing emails, newsletters, and updates about new plant arrivals, seasonal nursery collections, promotions, and horticultural tips relevant to Mediterranean and Spanish climate planting. We will always provide a clear and easy method to unsubscribe from such communications.

You may opt out of receiving marketing communications at any time by clicking the unsubscribe link in any marketing email we send, or by contacting us directly at contact@plantasdelmar.es. Opting out of marketing communications will not affect our ability to send you transactional communications related to your orders or enquiries.

14. Children's Privacy

Our website and services are not directed at individuals under the age of 16. We do not knowingly collect personal data from children. If you believe that we have inadvertently collected personal data from a child under 16 without verifiable parental consent, please contact us at contact@plantasdelmar.es and we will take prompt steps to delete such data.

15. Links to Third-Party Websites

Our website may contain links to third-party websites, social media platforms, or other external resources. This Privacy Policy applies only to plantasdelmar.es. We are not responsible for the privacy practices or content of any third-party websites, and we encourage you to review the privacy policies of any external sites you visit.

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, the services we offer, or applicable legal requirements. Any updates will be published on this page with a revised effective date at the top of the document. Where changes are significant, we will make reasonable efforts to notify you, for example by posting a notice on our website or sending an email to customers where we hold contact details.

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your personal data.

17. Contact Us

If you have any questions, concerns, or requests relating to this Privacy Policy or to the processing of your personal data by Plantas Del Mar, please do not hesitate to contact us:

• Email: contact@plantasdelmar.es
• Postal Address: Plantas Del Mar, Elx 50, Spain
• Website: plantasdelmar.es

We are committed to addressing your enquiries promptly and transparently, and to upholding your rights as a data subject under applicable European and Spanish data protection law.